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H-1B Visa Lawyer for Specialty Occupation Workers

Landing a U.S. job offer is a significant milestone, but for most foreign professionals, that offer is just the starting point. Before you can begin work, your employer needs to file a petition, the government needs to approve it, and in many cases, you need to clear a competitive lottery first. The H-1B process has real moving parts, and the margin for error is smaller than most people expect.

At Wildes & Weinberg, P.C.our H-1B visa lawyers represent both foreign professionals and U.S. employers through every stage of the H-1B process, from assessing eligibility and preparing the petition to handling extensions, employer changes, and government challenges.

Who We Work With

No two H-1B matters are identical. A first-time applicant entering the lottery has different needs than a professional already in the U.S. looking to change employers, or a company trying to retain a valued employee whose status is expiring.

Our H1 visa lawyer team works with:

  • Foreign professionals with a U.S. job offer in a specialty occupation
  • U.S. employers sponsoring workers for H-1B status
  • Individuals seeking to extend their H-1B beyond the initial approval period
  • Professionals transferring their H-1B to a new employer
  • Workers who have received a Request for Evidence or a denial
  • Employees and employers are planning the longer-term path toward permanent residence

Wherever you are in the process, the approach is tailored to your specific circumstances.

What Is the H-1B Visa?

The H-1B is a non-immigrant work visa that permits U.S. firms to temporarily employ foreign workers in specialty occupations. Generally, they are professions that need specialized knowledge in a particular topic and require at least a bachelor’s degree in a field closely related to the work being performed.

It is widely used across industries such as information technology, finance, engineering, medicine, scientific research, and business consulting. The visa is employer-sponsored, meaning the U.S. company drives the petition process and takes on specific legal obligations along the way, including filing a Labor Condition Application with the Department of Labor and agreeing to pay the worker the prevailing wage for that role.

The H-1B Cap and Lottery

For most employers, H-1B petitions are subject to an annual numerical cap of 65,000 visas under the regular cap, with an additional 20,000 reserved for workers holding a U.S. master’s degree or higher. When petitions exceed available numbers, which they routinely do, USCIS conducts a computer-generated lottery to determine which registrations move forward.

Working with an experienced H-1B visa attorney well before the registration window opens gives you the best chance of being fully prepared. Registrations containing errors can be disqualified, and missed deadlines are not recoverable.

Certain employers, including institutions of higher education and qualifying nonprofit or government research organizations, are exempt from the cap/lottery entirely. Petitions filed through these so-called cap-exempt employers can be submitted at any time throughout the year, without waiting for the annual lottery cycle.

H-1B Eligibility: What Needs to Be Established

A successful H-1B petition must demonstrate that both the worker and the position meet the legal requirements.

The key factors include:

  • The position qualifies as a specialty occupation. The role must normally require a degree in a specific field, not just any bachelor’s degree, and the duties must align with that field. USCIS scrutinizes this closely, particularly in IT consulting and business operations roles.
  • The worker holds the required credentials. The applicant must have a U.S. bachelor’s degree (or equivalent) in the appropriate discipline. Sometimes, a mix of education and work experience might compensate for the lack of formal qualifications, but this has to be well documented.
  • The Labor Condition Application is certified. The LCA confirms the employer will pay the prevailing wage and that hiring the foreign worker will not adversely affect similarly employed U.S. workers.

How the H-1B Process Works

While every matter has its own timeline, most H-1B cases move through several recognizable phases.

Initial assessment. Our H-1B visa lawyer team reviews the worker’s credentials, the nature of the position, and whether the employer qualifies to sponsor, often surfacing issues worth addressing before anything is filed.

Lottery registration, LCA, and petition filing. For cap-subject cases, the employer registers during the annual window. Once selected, the petition package is assembled and submitted, beginning with the LCA. A well-prepared petition addresses the specialty occupation standard directly and anticipates the questions USCIS is most likely to raise.

Responding to government requests. If USCIS issues a Request for Evidence, the response needs to be thorough and targeted, directly addressing the agency’s specific concern with supporting documentation.

Extensions, transfers, and long-term planning. The H-1B is initially approved for up to 3 years and can be extended for an additional 3 years. Our team of employment visa lawyers helps clients map out the longer-term path from H-1B status toward permanent residence from the outset, so each step supports the next.

Why Wildes & Weinberg, P.C.

Wildes & Weinberg, P.C. has concentrated in U.S. immigration and nationality law for over six decades. Founded by the late Leon Wildes, whose landmark representation of John Lennon helped shape modern immigration practice, the firm has built a reputation grounded in serious, experienced legal work.

Managing Partner Michael Wildes and our attorneys bring that depth to every H-1B matter. We work with individual professionals, HR teams, in-house counsel, and employers of all sizes. H-1B petitions are not just forms to fill out. Behind each one is a career, a livelihood, and often a family’s plans, and that reality shapes how we approach every case.

Clients benefit from:

  • Decades of experience across H-1B and employment-based visa categories
  • Individualized strategy built around your specific role, employer, and credentials
  • Thorough petition preparation designed to hold up under scrutiny
  • Active coordination between the employee and the employer throughout the process
  • A multilingual team able to assist clients in many languages
FAQ’S

Frequently Asked Questions

A specialty occupation requires a bachelor’s degree or higher in a specific relevant field as a minimum entry requirement, with job duties that align directly with that field.

For most employers, yes. USCIS conducts an annual lottery when registrations exceed the available cap. Cap-exempt employers are not subject to this requirement.

Generally, yes. Once your new employer files a transfer petition, you can typically begin working for them while it is pending, provided you have been maintaining lawful H-1B status.

In some cases, yes. Spouses holding H-4 status may be eligible for work authorization, depending on whether the H-1B holder has reached a certain milestone in the green card process.

Depending on the reason, there may be options to appeal, file a motion to reconsider, or refile with additional evidence. An H-1B visa attorney can review the denial and advise on the most appropriate path forward.

Talk to Our Employment Visa Attorneys

Whether you are a foreign professional entering the lottery for the first time, an employer looking to sponsor a key hire, or someone navigating an extension or employer change, getting the details right from the start matters.

Our H-1B visa lawyers at Wildes & Weinberg, P.C. are available to review your situation, assess your options, and help you develop a strategy aligned with your goals. Reach out today to get started.

Request a Consultation

For Further Information On How We Can Help Your Firm Meet Its Employment Eligibility Verification Obligations, Please Contact Amy Wildes At amy@wildeslaw.com

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